Federal v State Power Flashcards
1
Q
10th Amendment
A
Powers not granted to the federal government are reserved for the state
2
Q
State police powers
A
Can use for health, safety, and welfare
Must have rational basis for actions
3
Q
Supremacy Clause
A
Fed law = supreme law
4
Q
Types of preemption
A
Express: on face
Implied: conflict, field, impede
5
Q
Dormant Commerce Clause
A
States can regulate commerce where congress is silent but can’t unduly burden it or discriminate against OOS
States can act if Congress authorizes something that would normally violate the DCC and its ok
6
Q
Exceptions to DCC
A
- Necessary and no alternatives
- Market participant
7
Q
Can state tax Fed gov?
A
No! but can tax Fed employee/contractor salaries
8
Q
Anti Commandeering
A
Fed gov can’t force state officials to enforce or adopt federal laws
